The international and domestic realities have changed drastically recently.  How to elevate innovative capacity, build innovative country and fully implement the National IP Strategy all place copyright in a more prominent position.  During the 30 years of reform and open-up, China has made great achievements in copyright legal system, enforcement, market order and creativeness. The overall strength of the content industry advanced significantly.  

Build all around copyright legal system

Since the enactment of the Copyright Law in 1990, China promulgated the Implementing Regulations for the Copyright Law, Regulations on the Protection of Computer Software, Regulations on the Collective Management of Copyright and Regulations on the Protection of Information Network Distribution Right.  China also acceded to the major international copyright conventions including the World Copyright Convention, Berne Convention for the Protection of Literary and Artistic Works, Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS).  Beijing, Shanghai, Shandong, Henan, Anhui, Hubei, Jiangxi, Guangxi, Zhejiang and many other localities made their own rules, regulations and decrees.  China has shaped a relatively fully functional copyright legal framework with  one law, four regulations and six international conventions at the core and supplemented by agency decrees, local rules, regulations and  decrees, offering basic systematic protection for the healthy development of the copyright system.

Copyright international cooperation and communication enhanced

Since its accession to the WIPO in June 1980, China actively participated in copyright cooperation and communication with the international community, constantly improved multilateral and bilateral cooperative relationship, established multilateral dialogue with WIPO and WTO, bilateral dialogue with developed countries/regions such as the United States, Europe, Japan and Australia and cooperation programs with developing countries such as the Republic of Korea, Peru, Viet Nam and Cuba.  In international normative activities, China decisively upheld its national interest and played a key role as a third world responsible country. 

Since the establishment of Copyright Agency of China in 1988, a copyright representation service system supported by copyright associations, copyright collecting societies, works registration agencies, copyright agencies and law firms has taken shape.  Copyright associations are now in place in all provinces and some cities.  China Federation of Literary and Art Circles, China Writers Association and China Filmmakers Association established their in-house copyright services. Collecting societies such as the Music Copyright Society of China, China Audio-Video Copyright Association, China Written Works Copyright Society and China Photographers Copyright Society were established in succession.

Special campaigns secure development of copyright

The prosperous development of the content industry not only drives the growth of culture and technology, but also contributes to the development of national economy and society.  From June 1 to September 30, 2008, National Copyright Administration of China (NCAC), Ministry of Public Security (MPS), Ministry of Industry and Information Technology (MIIT) waged a four-month special campaign against piracy on Internet.  During this campaign, authorities across the country handled 453 cases, shut down 192 websites engaging in piracy, ordered 173 websites to delete or block infringing contents, penalized 88 websites with serous violations by imposing fines, seizing servers, computer hardware equipments on top of the above measures (fine 1,079,853 yuan, seize 184 servers and computer hardware equipments).

Using of licensed software advanced

In 2008, NCAC made great progress in promoting use of licensed software in enterprises.  On top of 1,500 large enterprises’ use of licensed software in 2007, 6,100 of 7,600 enterprises required for legitimate software use within 2008 had been cleared.  The central and local leader group for the task checked 3,900 enterprises and caught 570 wrongdoers.  Some 300 training courses in this regard entertained 8,200 enterprises and 18,200 people.  Use of licensed software achieved substantial progress in central enterprises, large private enterprises, foreign-funded enterprises and key sectors such as finance, coal mining, printing, hotels, Internet cafes, design studios.  The activity fared very smoothly.

Outline guides the bright direction

The Outline of National IP Strategy was issued on June 2008. It laid out specific tasks for copyright in some aspects: Support the relevant copyright industry like press, broadcasting, art, entertainment, advertisement, software and information network, facilitate creation of works with ethic and contemporary characteristics, promote the commercialization of copyright and combat the piracy more severely. Under the guidance of the outline and other IPR measures as well, the Copyright Protection Center of China received 29,804 software copyright registrations, 24,748 of which were granted in the first half 2009, up 112.9% and 100.4% respectively year on year.

(China IP News)